- 1 - HC-KAR CNR: KAHC010099972024 NC: 2026:KHC:41432 WP No. 6012 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 6012 OF 2024 (GM-DRT) BETWEEN: 1. JASEENA, D/O. MOHAMMED JAMAL, AGED ABOUT 8 YEARS, 2. JANNATH, D/O. MOHAMMED JAMAL, AGED ABOUT 4 YEARS, SINCE BOTH ARE MINORS, REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN SMT. HASEENA BANU, W/O. MOHAMMED JAMAL, AGED ABOUT 30 YEARS, BOTH ARE R/AT DOOR NO.3-182/2, BAJAL KALLAKATTE, NEAR GOVERNMENT SCHOOL, BAJAL POST AND VILLAGE, MANGALORE TALUK, DAKSHINA KANNADA DISTRICT-575027. …PETITIONERS (BY SRI. RAJASHEKAR S., ADVOCATE) AND: CANARA BANK, ARM BRANCH, CIRCLE OFFICE, BALMATTA ROAD, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010099972024 NC: 2026:KHC:41432 WP No. 6012 of 2024 MANGALURU-575001. (LOAN ACCOUNT TRANSFERRED FROM) FISHERIES COLLEGE CAMPUS BRANCH, GORIGUDDA, MANGALURU, REPRESENTED BY AUTHORIZED OFFICER/CHIEF MANAGER. …RESPONDENT (BY SMT. PREETHU R., ADVOCATE FOR SRI. VIGNESH S. SHETTY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.S.Rajashekar, counsel for the petitioners and Smt.Preethu R., counsel on behalf of Sri.Vignesh S.Shetty, counsel for the respondent appeared in person. 2. This petition is filed seeking following reliefs: (i) Issue a writ of Certiorari to quash the order dated 06.02.2024 passed on I.A.No.2793/2019 unregistered Securitization Application I.R.No.3951/2019 (Dy. No.2087/2019) by the Debts Recovery Tribunal-1, Bengaluru and consequently set - 3 - HC-KAR CNR: KAHC010099972024 NC: 2026:KHC:41432 WP No. 6012 of 2024 aside the order dated 23.07.2019 in case No.MAG(2)/CR.412/2019/69619/C4 passed by the Deputy Commissioner and District Magistrate, Dakshina Kannada Mangalore under Section 14 of the SARFAESI Act vide Annexures-A and B. (ii) Issue any other writ, order or direction as this Hon'ble Court deems fit and proper under the facts and circumstances of the case. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the papers with care. 4. The DRT vide order dated 06.02.2024 passed order on an interim application. The law is settled that any person aggrieved by the any order of the DRT must file an appeal before DRAT. In the present case, the petitioners have not exhausted the statutory remedy and has invoked the writ jurisdiction. As there is an alternate remedy as contemplated under Section 18 of the SARFAESI Act to approach DRAT. This Court declines to exercise the discretionary power under writ jurisdiction. The petitioners may approach the appropriate forum, if so advised and if the law permits. - 4 - HC-KAR CNR: KAHC010099972024 NC: 2026:KHC:41432 WP No. 6012 of 2024 5. Accordingly, the writ petition is dismissed. Because of dismissal the Writ Petition, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of. Sd/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 22